Search

Begin New Search Political Geography North America

1401. The Good News About Gas

Author:
John Deutch
Publication Date:
01-2011
Content Type:
Journal Article
Journal:
Foreign Affairs
Institution:
Council on Foreign Relations
Abstract:
Thanks to technological advances, in the past few years, vast amounts of natural gas -- particularly shale gas -- have become economically viable. This development is an unmitigated boon for consumers interested in affordable energy and for governments hoping to reduce their countries' dependency on foreign oi.
Topic:
Oil
Political Geography:
Russia, Iran, Saudi Arabia, Turkmenistan, North America, and Qatar

1402. Rethinking the Top of the World: The Arctic Council

Author:
Munk School of Global Affairs
Publication Date:
01-2011
Content Type:
Working Paper
Institution:
Munk School of Global Affairs at the University of Toronto
Abstract:
Increasingly, issues of Arctic security are the focus of public attention and debate. Whether it is media attention to Russian bombers, the recent announcement of moving forward on the Mackenzie Pipeline, or the increasing body of scholarly work suggesting that we are in the midst of a new cold war, the Arctic is receiving unprecedented attention from political leaders, policy makers, media and academics. Amidst this new prominence, there is a growing need to understand the preferences and priorities of the citizens whose countries include Arctic regions and from Arctic inhabitants themselves.
Topic:
Cold War, Oil, Military Strategy, and Geopolitics
Political Geography:
Russia, United States, Europe, Canada, and North America

1403. TACIT AMENDMENTS

Author:
Oona A. Hathaway, Haley Nix, Saurrabh Sanghvi, and Sara Solow
Publication Date:
11-2011
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
As a general rule, the President is “‘without authority, except by and with the advice and consent of the Senate, to modify a treaty provision.’”2 Thus, in amending a treaty, parties effectively sign and ratify a new treaty, to which the standard treaty processes apply. However, numerous treaties have established procedures for modifications to the regime that do not rise to the level of formal amendments to the treaty. This report focuses on such “unratified treaty amendments”—which include what are called “tacit amendments.” Unratified amendments are amendments to treaties that are made without formal Senate ratification.3 They have proven a useful tool in creating robust treaty regimes in a changing world. Just as the use of executive agreements in general has expanded rapidly in the past century,4 treaty regimes increasingly have adopted amendment processes that do not require a full ratification process. And just as executive agreements have raised questions about Senate prerogatives, so too have unratified amendments. There are two primary ways that the U.S. government modifies underlying treaties through an unratified amendment5 —first, through the use of executive agreements; and, second, through the use of tacit amendments. Part I describes how each process works. It argues that both pass constitutional muster so long as the Senate has provided its clear advice and consent to the use of such processes (although not necessarily to the substance of the modifications) in the first instance. Part II outlines and evaluates the various ways in which the Senate has responded to attempts to modify treaties by executive agreement or by tacit amendment in the past. It concludes that the Senate’s requirements of prior notice and its focus on technical provisions, while not always easy to achieve in practice, are sensible ways to maintain Senate prerogatives. Part III concludes.
Topic:
Foreign Policy, Treaties and Agreements, Domestic politics, and Federalism
Political Geography:
North America and United States of America

1404. Lessons from the Past for Foreign Sovereign Immunity After Samantar v. Yousuf

Author:
Saurrabh Sanghvi
Publication Date:
11-2011
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
In Samantar v. Yousuf,2 the Supreme Court held that an individual sued personally for acts taken as a foreign official did not enjoy any immunity under the Foreign Sovereign Immunities Act of 1976 (FSIA), a statute governing when courts should provide foreign states with sovereign immunity.3 After Samantar, immunity in any individual official suit will likely be determined through reference to the pre-FSIA federal common law. This report outlines the pre-FSIA practices4 of the U.S. Department of State (“State Department”) and the courts to provide insight into how individual official suits may be handled in the wake of Samantar.5 If courts follow historical practice, they will likely rely heavily on State Department “suggestions of immunity” in determining whether immunity will be granted to individuals for actions taken as foreign officials. Moreover, when the Department is silent, the courts will likely interpret State Department policy to determine whether immunity is appropriate.
Topic:
Foreign Policy, Law, Legal Theory, and Immunity
Political Geography:
North America and United States of America

1405. THE ROLE OF THE COMMITTEE TO THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN

Author:
Chelsea Purvis
Publication Date:
11-2011
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
This report analyzes the role of the Committee to the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW). It provides an overview of the Committee’s mandate under CEDAW, finding that its mandate is similar to those of other human rights treaty bodies to which the United States reports. Like other human rights treaty bodies, the CEDAW Committee engages with States parties through a process of dialogue. It cannot consider complaints from individuals against states that have not ratified CEDAW’s Optional Protocol. The report then reviews the principle criticisms of the Committee by opponents of U.S. ratification of the Convention, exploring both the Committee’s most controversial recommendations and its contested legal authority. It discusses the contexts in which the Committee has made its most controversial recommendations and notes that each recommendation has had limited practical effect. The report explains that the CEDAW Committee does not have the legal authority to compel a State party to modify its law or values. If the United States were to ratify the Convention, the Committee’s findings and recommendations would have no direct binding legal authority under either domestic or international law. Finally, the report considers the effect that American participation might have on the Committee. U.S. ratification of CEDAW would allow the United States to contribute to the Committee’s process of dialogue. The United States has found engagement with other human rights treaty bodies productive, even though it does not consider recommendations made by human rights committees to be legally binding. U.S. ratification would also permit the United States to participate in the selection of Committee members, making it more likely that Committee recommendations would even more fully reflect U.S. standards.
Topic:
Gender Issues, Law, Women, and Discrimination
Political Geography:
United States of America and North America

1406. Stuck in the Middle? U.S.-China Relations and the Korean Peninsula

Author:
EAI Security Net
Publication Date:
02-2011
Content Type:
Working Paper
Institution:
East Asia Institute (EAI)
Abstract:
Not since the visit of Deng Xiapoing in 1979 has a Chinese state visit attracted so much attention as President Hu Jintao’s visit to the United States on January 19, 2011. After a rocky year in U.S.-China relations following President Barack Obama’s visit to Beijing in November 2009, attention naturally focused on the future direction of the relationship between the two countries. Further attention imbued with curiosity also centered on how a relatively declining United States and a rapidly rising China would shape the world order in the long-run. Also following North Korea’s provocations in 2010, the world carefully looked for any strong emphasis on the issue of the Korean Peninsula as a regional challenge. There have been two different interpretations in regards to the results of the U.S.-China summit: an optimistic outlook that the two countries will become cooperative partners and move forward as underscored in the Joint Statement, and pessimistic views that the two powers will merely continue the repeated pattern of conflict and check that they have been doing since November 2009. A similar mix of opinions prevails in regards to the Korean Peninsula. Some expect immediate improvement in inter-Korean relations and the resumption of the Six-Party Talks, while others criticize the U.S.-China summit for barely papering over the cracks. However, neither hasty optimism nor gloomy pessimism is appropriate at this time. There is a need to utilize a comprehensive response strategy, which goes beyond narrow political understandings, based on a precise analysis of the results of the summit.
Topic:
Diplomacy, International Cooperation, Regional Cooperation, Hegemony, and Summit
Political Geography:
China, Asia, South Korea, North Korea, North America, and United States of America

1407. Lost in Translation? The Clash of Core Interests and the Future of U.S.-China Relations

Author:
Yang Gyu Kim
Publication Date:
07-2011
Content Type:
Working Paper
Institution:
East Asia Institute (EAI)
Abstract:
In studying the dynamics of U.S.-China relations, one of the most important questions is what data should be used. A review of all classified documents from the two countries may be the ideal way to secure reliable data, but it is not viable. Interviews with key officials in the two governments could be the next best choice but it is still extremely hard to know whether that person is telling the truth or not. In this regard, the official statements of the two countries are the only reliable and authoritative source for research. Of course in official statements, propaganda may be included and they cannot always be taken at face value. However, as information is ubiquitous in this era of globalization, a government would pay a tremendous cost if it expresses contradictory policies in its own official statements. We can therefore assume that official statements provide information on the general direction of the two country’s policies. Which documents can be accepted as official statements? The United States, of course, makes its policies well known throughout the world and has shown high levels of consistency across different departments of the government over its foreign policy. The official statements of the United States are therefore easily accessible through various official government websites including the State Department. On the other hand, China maintains a rather closed socialist system and there are not many documents that could be identified as official statements except for the regular press conferences of the Foreign Ministry. Even with these press conferences, the spokesperson usually responds to selected questions raised by the media. This brings a considerable limitation in collecting official statements from China. In order to address this difficulty, U.S.-China Relations (UCR) Statement Factsheets include editorials of the news outlets run by the Chinese Communist Party (CCP) as official statements. Data collection began from November 2010. This period is important because first, it marks one year since the U.S.-China summit in November 2009 and second, it coincides with the G20 Seoul Summit held in November. Particularly the G20 summit was meaningful as it “clearly demonstrated that we are in a period of transition where the United States is no longer the world’s hegemon, yet no new power emerges.” (Sohn and Cho 2010, 1) Third, Xi Jinping was appointed as vice chairman of the Central Military Commission on 18 October, 2010 and is expected to be the next leader of China. This appointment then signals a new period where the next generation of leaders in the CCP will begin to assert their influence and views. For both the statements from the United States and China, English texts are used presented by either the official government department or a CCP-affiliated media outlet. The reason for not using Chinese language sources is that official statements in Chinese tend to be directed at a domestic audience, and the focus here is on the international messages that are being conveyed. The data is collected everyday and published as a monthly report, UCR Statement Factsheet. The UCR Briefing will analyze the UCR Statement Factsheets and summarize what has happened during the period in narrative form. The UCR Briefing will also focus on critical factors and issues in understanding the present and future of U.S.-China relations. This UCR Briefing No. 1 covers official statements of the United States and China from November 2010 to February 2011.
Topic:
Foreign Policy, International Cooperation, Regional Cooperation, and Economic Cooperation
Political Geography:
China, Asia, North America, and United States of America

1408. Korea-U.S. Free Trade Agreement: Analysis of Public Opinion Surveys on Ratification

Author:
Wonchil Chung
Publication Date:
10-2011
Content Type:
Working Paper
Institution:
East Asia Institute (EAI)
Abstract:
There was a lot at stake for the Korean Congress in August 2011, and one of them was the Korea-U.S. Free Trade Agreement (KORUS FTA). Regarding this bill, the two main parties have been pitted against one another. The Grand National Party (GNP) asserts that the FTA bill has at least to be submitted to the Standing Committee; while the Democratic Party (DP) suggests the 10+2 renegotiation proposal (see Appendix 1) for the KORUS FTA that impose restrictions on the arrangement. If the DP's proposal is agreed upon by the National Congress, ratification becomes impossible, since the proposal will allow the negotiation of the FTA, in progress for more than four years (2006 to February 2011), to be taken back to square one. It is true that the KORUS FTA has a lot to offer when it comes to economic aspects, as the Ministry of Strategy and Finance (MOSF) pointed out in its analysis (see Appendix 2). With that in mind, the GNP risks its political position, as public opinion displays distrust and dissatisfaction over the imbalance between Korea and the United States shown during the progress of the negotiation (see Appendix 3).
Topic:
International Cooperation, International Trade and Finance, and Economic Cooperation
Political Geography:
Asia, South Korea, North America, and United States of America

1409. U.S.-Mexico Homeland Defense: A Compatible Interface

Author:
Victor E. Renuart, Jr. and Biff Baker
Publication Date:
02-2010
Content Type:
Working Paper
Abstract:
The United States and Mexico share a common history shaped by military incursions during the 19th and early 20th centuries. The bond between the American and Mexican people, however, has continued to grow closer over time despite occasional negative rhetoric from politicians in Washington, DC, and Mexico City. At local and state levels, relations solidified through the closely knit fabric of our border towns, intermarriage between families on each side of the border, and the development of infrastructure (to include water, wastewater, and gas and electricity utilities) that serves communities to the north and south. At the national level, our relationship became closer due to economic growth resulting from the North American Free Trade Agreement (NAFTA), which now accounts for almost $1 billion (U.S. dollars) in trade per day between the two countries.
Topic:
Security, International Trade and Finance, and Treaties and Agreements
Political Geography:
United States, America, Washington, Latin America, North America, and Mexico

1410. Eritrea: The Siege State

Publication Date:
09-2010
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
Eritrea has been deeply troubled since independence in 1991. Following the devastating war with Ethiopia (1998-2000), an authoritarian, militarised regime has further tightened political space, tolerating neither opposition nor dissent. Relations are difficult with the region and the wider international community. At African Union (AU) behest, the UN Security Council imposed sanctions in 2009 for its support of the Somali Islamic insurgency. It has become, in effect, a siege state, whose government is suspicious of its own population, neighbours and the wider world. Economically crippled at birth, it is a poor country from which tens of thousands of youths are fleeing, forming large asylum-seeking communities in Europe and North America. But Eritrea is an extreme reflection of its region's rough political environment, not its sole spoiler. More effort to understand the roots of its suspicions and greater engagement rather than further isolation would be a more promising international prescription for dealing with the genuine risks it represents.
Topic:
Islam, United Nations, Insurgency, Fragile/Failed State, and Sanctions
Political Geography:
Africa, Europe, North America, Ethiopia, and Eritrea